My question involves a child custody case from the State of: Texas
So my highly contested and expensive divorce case finished up in January of this year. The ex got custody because she is the mom. She also had an attorney that I was required to pay for that would not give up until I gave in to her demands.
Since the case has been finalized, my ex has allowed my child to either miss or be tardy for 34 days out of the last 3 months. All but 1 of them are being reported as excused absences. I checked with the school and the ex has been writing her notes every day. When I ask my child about it, she says that nobody every wakes her up in the morning (she is 12). When she gets up on her own, everyone in the house is still asleep and will not get up to take her to school. My child is failing all of her classes with grades between a low of 25 and a high of 67. Overall for the school year, they are reporting 126 days in attendance, 87 excused absences and 3 unexcused absences. 14 are state reported and there are 35 tardies.
What should my next step be as the non-custodial parent. My child has said she wants to live with me, but when she tells her mother, she is intimidated into not saying anything. How soon can I take her back to court as an unfit parent? Do I need to start at the school or somewhere else like CPS?